A £5,000 fine awaits those who fail to comply with the Restrictions of the Use of Certain Hazardous Substances in Electrical Equipment Regulations 2005 (known as RoHS) which came into effect on 1st July 2006. The essence of this new law is to prevent certain toxic materials from being included in electrical goods. Find out more about the restrictions on electrical and electronic equipment in an article by Andrew Woolley on our website or call Andrew  on 01789 267377.

The Olympic and Paralympic Games Act passed on 30 March 2006 prevents unauthorised use of the London 2012 Olympic logo, perhaps predictably. But it also places restrictions on the use of ‘2012’, ‘gold’, ‘sponsor’ in combination with ‘games’, ‘London’ and other words. It means that phrases like ‘come to London in 2012’ and ‘fun and games in London this summer’ used in marketing materials will be more closely scrutinised than usual. And certainly anyone illegally using the 5 rings, the games logo or the term ‘London 2012’ will face the full force of the law.

For advice on this and other intellectual property issues call Andrew Woolley on 01789 267377.

Woolley & Co are proud to be associated with UKita (UK IT Association) and will shortly be launching a free Legal Advice Service to members.

UKita membership offers:

• Networking Opportunities across the diverse membership base
• Events & Seminars (regional and national – many free events)
• Website Profile (top search engine rankings without per-click charges)
• Business Opportunities (e.g. tenders, partnerships etc.)
• Access to Funding/Revenue Streams (working with Government partnerships and projects)
• Training Opportunities (free or subsidised)
• Partnerships through Universities and FE Colleges (work placements, venue hire etc.)

Q - I sell e-books via my website. Each time someone buys a book I want to capture their email address for my mailing list – so that I can tell them about new books I write in the future. Do I need an opt-in – or can I use an opt-out option and what’s the difference?

A - The basic rule to always remember is that you can’t send a commercial e-mail to anybody without their prior “active” agreement. That’s what the original law says. Most people have agreed that “active” means getting people to click to consent, i.e. opt in.

But an exception to this is when you’ve had some dealings with a client before, then you don’t need their “active” agreement, you can simply keep them up to date.

“Opt outs” though are often used in this situation e.g. “We’ll keep you informed, if you don’t want us to, click here”.

In simple terms therefore – for new contacts: get their consent, ie. opt in and for existing or past customers: no need for opt in but consider an opt out.

In every case, make sure you offer an easy method to “unsubscribe “(i.e. to opt out) of future mailings in all your communications.

The detailed law contains many “ifs” and “buts” but we hope this plain English suggestion provides a practical approach to this tricky issue. For more detailed advice call Woolley & Co on 01789 267377 or email your enquiry to Andrew Woolley